What legal action can be taken to collect from someone that has a judgment against them in small claims?

Answer 1

In most states small claims judgments are monetary only. The judgment holder would need to execute the judgment as a wage garnishment or bank account levy when a debtor does not voluntarily pay or make arrangements to pay the debt. Once the judgment holder has decided how to execute the judgment he or she files for a writ of garnishment in the office of the clerk of small claims court. Court clerks can only impart procedural information. They cannot (will not) give legal advice or comment on a case that has not been adjudicated.

Answer 2

Depends on the amount. If it's a relatively low sum of money, you can take them to small claims court, or you could sue them (again).

Or, you could hire a collection agency to go after them and the money for you. And they are typically VERY good at their job. But keep in mind that they WILL take a percentage.

However, unfortunately there's no real, surefire way to collect the money from the paying party. For instance, if they go bankrupt, or declare bankruptcy, you're basically screwed and SoL on that one. Even if they liquidate their assets and properties(if they even have any) any and all profits they make, first go to pay off any debt or owed money to government agencies, if there is anything left after that, THEN it's your turn to get paid. And anything left over after all debts have been rectified they are able to keep(which is highly unlikely and doubtful)

Hope this helps !

Answer 3

verse:"GLORY BE TO GOD IN THE HIGHEST:PEACE BE UNTO THE WHOLE WORLD;GOOD WISHES TO ALL MANKIND;GOD ALMIGHTY,THANK YOU."THE WHOLE WORLD HAS BEEN WELL INFORMED BY THE ANGELS SENT FROM GOD THAT"GOD THAT BASKETS THE WHOLE UNIVERSE HAS SENT ME AND HE HAS REVEALED ME TO THE WHOLE WORLD THROUGH THE SPIRITUAL REALM AND CHARGED ME TO BE PICKING ALL YOUR MISTAKES TO MAKE YOU REALIZED THAT GOD IS WATCHING AND BASED HIS JUDGEMENT UPON THE FACTS THAT HE HAS GIVEN US EVERYTHING NEEDED IN THIS WORLD AND WARNED SERIOUSLY PEOPLE IN SPACE."GOD STILL LOVES THEN THEY MUST COME DOWN FROM SPACE BEFORE IS TOO LATE SO THAT ANYBODY THAT DIED IN SPACE WILL NOT END UP IN HELL.ONE OF THE ANGELS LAMENTED DURING ONE OF THE GREATEST ENCOUNTER"ABSOLUTELY SORRY AND YOU ARE WELL INFORMED."BUSH RAN TO Nigeria INSPITE OF ALL GLEARING WARNINGS AND STILL INSTRUCTED EX-PRESIDENT OBASANJO NOT TO ALLOW GOD AND ANYBODY TO THREATENING THE WHOLE WORLD."GOD HAS GIVEN ME EVERY KEYS AND AM READING A LOT TO MAKE SURE NOBODY IS LEFT UNTOUCHED.BY:BODE IN NIGERIA-GOD'S RIGHT TIME PROPHET.

Answer 4

You have a variety of options, including garnishment, executions on personal property, supplemental proceedings, and more. Since these options are quite complicated, you may want to consider hiring a licensed collection agency or an attorney to help you. Look in the phonebook for attorneys who offer "free consultations."

Answer 5

Understand that South Carolina is one of the hardest states to collect a small claims judgment due the the following facts:

1. If the defendant does not own property then you cannot put a lien on any property. Meaning if they do not own a home.

2. If they are listed in CHEXSYSTEMS/SCAN OR TELECHECK DATABASES which are databases for bad check writers/people who have overdrawn their bank account and have not paid the bank back it becomes more diffucult for defendant to open a new bank account if they are listed. NO BANK ACCOUNT MEANS NO CASH IN THE BANK TO OBTAIN. (BANK LEVY)

3. The State of South Cariolina DOES NOT allow WAGE GARNISHMENT, AND MOST PEOPLE KNOW THIS. (It means you cannot touch attach their wages)

4. If the person is on SSI-SSDI-WELFARE-VETERANS BENEFITS-UNEMPLOYMENT-or is homeless,rents a room, is living in gov't assisted housing its tough to get your money from them.

HERE IS THE GOOD NEWS!

Contacting the clerk of court in your county where the judgment was obtained and making it a public record, even if the above applies.

All 3 credit bureaus (equifax/experina/trans union) will pick it up and add it to the debtors credit file for free which will lower their credit score

You could sell your judgment to a debt buyer who will buy you debt.

*if the person ever moves to a state that allows wage garnishment you could attach wages, or if the person buys a house in SC or in another state.

you should check with all 46 counties in SC TO VERIFY if your debtor own property.

the info is free online. you could also hire a collection agency to call the person 1-2x a day and attempt to collect.

you could hire a private investigator to locate assets

**hope this helps***

Answer 6

By executing the judgment against real and personal property belonging to the judgment debtor in accordance with the laws of the state where the debtor resides and/or owns property. You file the execution of the writ of judgment with the clerk of the court in the county and state where the judgment was entered and the debtor resides In some situtations a 'foreign judgment' can be executed against real property owned by the debtor that is located in a different state then the debtor's residential state.

Answer 7

SAMBHUNATH TIADI

MA,LLB,PGDHRM,DJMC,DBM

The small claim court might have delivered the legal judgment to the petitioners and respondents or the plaintiff V's opposite parties . If, the competent authorities or person to whom directions have given fail to implement the judgment,than there is no bar to file a contempt petition before the competent forum against the violator of the judgment. However, I can give a clear picture after going through the contents of petition,counter,rejoinder,pleadings and judgment thereof.

Sambhunath Tiadi

Bhubaneswar(Orissa)

Freelance Journalist-cum-Legal expert

Mobile-+91 9777816178

tiadi.sambhunath@gmail.com

Answer 8

The same way you collect on any other judgment.

Answer 9

It varies by state, but post judgment remedies generally include garnishments, levies, and attachment to property.